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Features

  • 10 minutes from Goulburn City
  • Sealed road
  • Tarlo River through property
  • Pasture improved farmland
  • 30meg Irrigation Licence
  • Machinery shed/workshop
  • 4 bay enclosed machinery shed
  • 24 x 12m hay shed
  • 10kw solar system to grid
  • Large steel cattle yards
  • Crush & loading ramp
  • 5 dams & troughs
  • Picturesque & productive
  • Lifestyle & Income

Open house

01/04/2017: 10:00 AM - 11:00 AM
08/04/2017: 10:00 AM - 11:00 AM

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  • Description
  • Auction conditions
  • Bidders guide
  • Sale Ezy conditions of use

Productive fertile river flats with long frontage to Tarlo River. 30meg Irrigation Licence. 22 acres of established Lucerne with potential to increase. Balance pasture improved with shelter timber at rear of property. Generally running 70 cows and calves. Excellent improvements, 5 bedroom home with large open plan living area, magnificent views over river. Modern timber kitchen with dishwasher and walk in pantry. Main bedroom with ensuite and walk in robe. Guest bathroom. Country verandah's. Machinery shed/workshop with toilet and BBQ area. 4 bay fully enclosed machinery shed with bedroom/office and bathroom. 10kw solar system to grid. 24 x 12m hay shed. Large steel cattle yards. Great lifestyle only 10 minutes from Goulburn City with sealed road access.

Travel Time Major Centre: 10 minutes Goulburn

Situation Access: Sealed road frontage and access

Dwelling Entitlement: Yes

Rates: $1,740.00

Rainfall: 700mm

Phone: Yes Power: Yes Mail: Yes Bus: Yes Covenants/Easements: None known

Title: Lot 1 DP 779095 Lots 45, 205, 206, 207, 208, 209, 210 DP 750048 Lot 1/779095 1/1140093 1/1208314

Sale Yards: Goulburn Air Services: Goulburn Schools: Goulburn

Topography: Undulating to low hills falling to fertile river flats, rocky hills eastern side

Soils & Suitability: Grey loam soils to shale on ridges

Crops/Pastures: Well established pastures over 85% of property. Phalaris, cocksfoot, rye grass and clover. 22 acres of established Lucerne

Fertiliser History: Long fertilizer history mo two years ago. Single super each 5 years and lime

Timber: Gum, Stringy Bark, Willows, Peppermint & Yellow Box

Cover: 10% Arable Area: 85%

Paddocks: 12 Production Capacity: 70 cows & calves

Fencing: North: Hinge Joint, Plain Wire, Barb & Electric

East: Hinge Joint, Plain Wire & Barb South: Hinge Joint & Steel

West: Hinge Joint & Steel

Stock Yards: Large steel cattle yards, water connected. Steel cattle crush and loading ramp. Calf cradle. Work 80 cows and calves easily

Property Water: 5 dams with Tarlo River through length of property. Long deep water holes. 30megalitre irrigation licence. 2 x 22,500 litre tanks from river supply water to 5 concrete toughs.

House Water: 105,000litre fresh water tank. 45,000litre for fire control in addition. Sheds storage tanks 56,250litres can pump to house tanks

Homestead: Comfortable weathertex 5 bedroom home in excellent condition. Modern timber kitchen with excellent cupboard space, dishwasher, wall oven and walk in pantry & breakfast bar. Large open plan living area with lounge solarium style with double glazed windows and wood heating. Dining area and solarium style family room. Access to verandah on 3 sides. Master bedroom has ensuite and walk in robe. Picture rails throughout. Wool carpets and floating timber floors. Large space saving family home with magnificent views over river.

Improvements: MACHINERY SHED/GARAGE WORKSHOP at house with toilet, 11 x 9m, electric door access. 24 x 12m 4 4 BAY LARGE FULLY ENCLOSED MACHINERY SHED with separate lined enclosed OFFICE/BEDROOM BATHROOM area with shower, toilet & laundry. Power and LPG gas connection. 24 x 12m HAY SHED – 12 x 12m concrete floor holds 420 bales or 612 total if all used. 56 panel solar system 10kw system to grid. 2.8 x 2.8m wood shed with concrete slab

Additional Comments: Fertile valley property with water a feature. Tarlo River running through the property with long Deep water holes. Irrigation Licence and Lucerne paddock a very productive property. Great location with excellent amenities

Selling By "Best Offer" on www.saleezy.com.au

Contact the selling agents Professionals Goulburn 02 4822 1411

Tony McGaw: 0427 215 419 Allan McDonald: 0428 482 425 Greg Croker: 0428 243 241.

New South Wales Auction Conditions

Property, Stock and Business Agents Regulation 2014

Part 3 Clause 15

15 Conditions of sale by auction

1. The following conditions are prescribed as applicable to and in respect of the sale by auction of land or livestock:

  1. The vendor’s reserve price must be given in writing to the auctioneer before the auction commences (but not if the auction relates solely to livestock).
  2. A bid for the vendor cannot be made unless the auctioneer has, before the commencement of the auction, announced clearly and precisely the number of bids that may be made by or on behalf of the vendor.
  3. The highest bidder is the purchaser, subject to any reserve price.
  4. In the event of a disputed bid, the auctioneer is the sole arbitrator and the auctioneer’s decision is final.
  5. The auctioneer may refuse to accept any bid that, in the auctioneer’s opinion, is not in the best interests of the vendor.
  6. A bidder is taken to be bidding on the bidder’s own behalf unless, before bidding, the bidder has given to the auctioneer a copy of a written authority to bid for or on behalf of another person.
  7. A bid cannot be made or accepted after the fall of the hammer.
  8. As soon as practicable after the fall of the hammer the purchaser is to sign the agreement (if any) for sale.

2. The following conditions, in addition to those prescribed by subclause (1), are prescribed as applicable to and in respect of the sale by auction of residential property or rural land:

  1. All bidders must be registered in the Bidders Record and display an identifying number when making a bid.
  2. Subject to subclause (3), the auctioneer may make only one vendor bid at an auction for the sale of residential property or rural land and no other vendor bid may be made by the auctioneer or any other person.
  3. Immediately before making a vendor bid the auctioneer must announce that the bid is made on behalf of the seller or announce “vendor bid”.

3. The following conditions, in addition to those prescribed by subclauses (1) and (2), are prescribed as applicable to and in respect of the sale by auction of co-owned residential property or rural land or the sale of such land by a seller as executor or administrator:

  1. More than one vendor bid may be made to purchase the interest of a co-owner.
  2. A bid by or on behalf of an executor or administrator may be made to purchase in that capacity.
  3. Before the commencement of the auction, the auctioneer must announce that bids to purchase the interest of another co-owner or to purchase as executor or administrator may be made by or on behalf of the seller.
  4. Before the commencement of the auction, the auctioneer must announce the bidder registration number of any co-owner, executor or administrator or any person registered to bid on behalf of any co-owner, executor or administrator.

4. The following condition, in addition to those prescribed by subclause (1), is prescribed as applicable to and in respect of the sale by auction of livestock:

The purchaser of livestock must pay the stock and station agent who conducted the auction (or under whose immediate and direct supervision the auction was conducted) or the vendor the full amount of the purchase price:

  1. if that amount can reasonably be determined immediately after the fall of the hammer—before the close of the next business day following the auction, or
  2. if that amount cannot reasonably be determined immediately after the fall of the hammer—before the close of the next business day following determination of that amount,

unless some other time for payment is specified in a written agreement between the purchaser and the agent or the purchaser and the vendor made before the fall of the hammer.

Property, Stock and Business Agents Regulation 2014

Part 3 Clause 17

17 Warnings about bidders’ obligations

1. The notice required to be given by section 78 (3) of the Act is to be in the following form:

Penalty for collusive practices

It is an offence against the Property, Stock and Business Agents Act 2002 for a person to do any of the following as a result of a collusive practice, or to induce or attempt to induce another person by a collusive practice to do any of the following:

  1. to abstain from bidding,
  2. to bid to a limited extent only,
  3. to do any other act or thing that might prevent free and open competition.

Severe penalties may be imposed on persons convicted of collusive practices.

2. The notice required to be given by section 83 (2) of the Act is to be in the following form:

Successful bidders

The actual successful bidder at an auction sale must give to the auctioneer or an employee of the auctioneer:

  1. the bidder’s name, or
  2. the name of the person on behalf of whom the successful bid was made.

3.The notice required to be given by section 66 (4) of the Act is to be in the following form:

Penalty for dummy bidding

It is an offence against the Property, Stock and Business Agents Act 2002 for a person to do any of the following:

  1. make a bid as the seller,
  2. make a bid on behalf of the seller (unless the person is the auctioneer),
  3. procure another person to make a bid on behalf of the seller.

Any bid made with the dominant purpose of benefiting the seller constitutes a bid made on behalf of the seller.

A bid may be found to be a bid made on behalf of the seller even though the seller did not:

  1. request the bid, or
  2. have any knowledge of the bid.

Severe penalties may be imposed on persons convicted of dummy bidding.

4. Each notice must:

  1. have its contents clearly and legibly written or printed in the English language, and
  2. be exhibited in a conspicuous position so as to be clearly visible to, and available for inspection by, any person attending the auction before and during the auction.

Bidder's Guide

The NSW Department of Fair Trading

Residential and rural property auctions

You will not be able to bid at an auction of residential and rural property in NSW unless you give the selling agent your name and address and show proof of your identity. Your details will be recorded by the agent in the Bidders Record and at the auction you will be given a bidder’s number. Registering for an auction does not mean you must bid. Registering simply gives you the right to bid.

Who needs to register?

If you are bidding to buy the property jointly with another person, for example, a spouse or partner, only one of you needs to register.

You need to register if you are bidding for another person or a company, and you need to show the agent a letter of authority from them, authorising you to bid on their behalf. This also applies if you are bidding on behalf of someone on the telephone.

If you are bidding for another person the letter of authority must include the person’s name, address and the number on their proof of identity (eg. driver’s licence). If you are bidding for a company the letter of authority must be on the company letterhead and the ABN will be recorded in the Bidders Record as the company’s proof of identity.

Proof of identity

To register, you must present a card or document issued by government or a financial institution, that shows your name and address, for example:

  • driver’s licence or learner’s permit
  • vehicle registration paper
  • council rates notice.

If you do not have this kind of proof of identity, you can use two documents that together show your name and address. One must show your name and be issued by a government or financial institution, for example:

  • passport
  • Medicare card
  • ATM/Eftpos card
  • credit card or store card
  • birth certificate
  • citizenship papers.

The other must show your address, for example:

  • utilities bill (eg. gas, electricity, telephone)
  • real estate rental agreement
  • statutory declaration stating your address.

When to register

You can register with the selling agent at any time prior to the auction, such as when you inspect the property, or on the day itself. If you pre‑register, you will still need to show the agent your proof of identity on auction day. The agent will then give you your bidder's number.

What happens at registration

The agent will write your name, address and the number of your proof of identity in the Bidders Record and, if you are bidding for someone else or a company, their name, address and proof of identity details. The agent will then give you your bidder’s number, which must be displayed when you bid.

What if I arrive at the auction late?

If you arrive after the auction has started and wish to bid, you will need to quickly find the agent and register or present your proof of identity, if you have pre‑registered. If you need to make a bid immediately, hold up your hand to let the auctioneer know you are going to make a bid after you have registered.

These documents are developed by the NSW Government.

Bidder's Guide

 

Where an official bidder's guide isn't mandated or required by a state or territory, please refer to the NSW bidder's guide prepared by the Office of Fair Trading:

Residential and rural property auctions

You will not be able to bid at an auction of residential and rural property in NSW unless you give the selling agent your name and address and show proof of your identity. Your details will be recorded by the agent in the Bidders Record and at the auction (or via email when using Sale Ezy), you will be given a bidder’s number. Registering for an auction does not mean you must bid. Registering simply gives you the right to bid.

Who needs to register?

If you are bidding to buy the property jointly with another person, for example, a spouse or partner, only one of you needs to register.

You need to register if you are bidding for another person or a company, and you need to show the agent a letter of authority from them, authorising you to bid on their behalf. This also applies if you are bidding on behalf of someone on the telephone.

If you are bidding for another person the letter of authority must include the person’s name, address and the number on their proof of identity (eg. driver’s licence). If you are bidding for a company the letter of authority must be on the company letterhead and the ABN will be recorded in the Bidders Record as the company’s proof of identity.

Proof of identity

To register, you must present a card or document issued by government or a financial institution, that shows your name and address, for example:

-driver’s licence or learner’s permit
-vehicle registration paper
-council rates notice.

If you do not have this kind of proof of identity, you can use two documents that together show your name and address. One must show your name and be issued by a government or financial institution, for example:

-passport
-Medicare card
-ATM/Eftpos card
-credit card or store card
-birth certificate
-citizenship papers.

The other must show your address, for example:

-utilities bill (eg. gas, electricity, telephone)
-real estate rental agreement
-statutory declaration stating your address.

When to register

You can register with the selling agent at any time prior to the auction, such as when you inspect the property, or on the day itself. If you pre‑register, you will still need to show the agent your proof of identity on auction day. The agent will then give you your bidder's number (emailed if using Sale Ezy).

What happens at registration

The agent will write your name, address and the number of your proof of identity in the Bidders Record and, if you are bidding for someone else or a company, their name, address and proof of identity details. The agent will then give you your bidder’s number, which must be displayed when you bid.

What if I arrive at the auction late?

If you arrive after the auction has started and wish to bid, you will need to quickly find the agent and register or present your proof of identity, if you have pre‑registered. If you need to make a bid immediately, hold up your hand to let the auctioneer know you are going to make a bid after you have registered.

As soon as you have a bidder’s number, the auctioneer can accept your bids. Return your bidder’s number to the agent after the auction.

Please note: In the case of Sale Ezy, you can register to bid at any time during the auction, however, as the auctioneer is overseeing the auction, it is not guarenteed you will be registered on time. It is highly recommended you register in the days or weeks prior to the auction. 

Your privacy
The agent is not permitted to show the Bidders Record to anyone, including the property owner. Only an authorised person from NSW Fair Trading is permitted to see the Bidders Record.

The agent must store the Bidders Record securely and cannot use it for any purpose.

Auction conditions
This auction is being conducted under certain conditions that are set by law.

The auctioneer will have these conditions on display before the auction so that you can read them. The auction conditions include:

-the highest bidder is the purchaser, subject to any reserve price
-the auctioneer is entitled to make one bid only on behalf of the seller
-before the auction, the auctioneer must announce that the auctioneer is permitted to make one bid on behalf of the seller
-the auctioneer must announce immediately before, or in the process of making the bid, that he/she is making a vendor bid
-the auctioneer can refuse a bid that is not in the interests of the seller
-the auctioneer has no authority to accept a late bid, that is, a bid after the fall of the hammer
-if there is a disputed bid, the auctioneer is the sole arbitrator and makes the final decision
-the successful buyer’s name must be given to the auctioneer as soon as possible.

Successful bids
If you are the successful bidder, you must sign the sale contract and pay a deposit on the spot, usually ten per cent of the purchase price (these conditions may vary for Sale Ezy, depending on the day of the auction and the contract conditions). There is no cooling-off period when you buy at auction.

After the exchange of contracts, your solicitor or conveyancer will carry out various searches on the property. Your solicitor and the seller’s legal representative will then arrange for settlement at which time you must pay the balance of the purchase price.

Dummy bidding and collusion
It is illegal to make dummy bids at an auction.

The seller of the property is entitled to have one bid made on their behalf by the auctioneer. When the seller’s bid is made the auctioneer must announce it as a vendor bid.

If you make dummy bids for the seller, you may be prosecuted and fined up to $55,000. The property seller who asked you to bid can also be fined up to $55,000, as can the agent and the auctioneer if they were involved in the arrangement.

It is an offence to collude with someone to interfere with free and open competition at the auction. This offence carries a maximum fine of $55,000.

Co-owners and executors
A co-owner, executor or administrator or someone bidding on their behalf, may make more than one bid to purchase the property as long as:

-this is outlined in the auction conditions
-the auctioneer has announced this before the start of bidding at the auction
-the auctioneer announces before the start of the auction, the bidder registration number of any co-owner, executor, administrator, or someone bidding on their behalf.

 

General terms and conditions

TERMS AND CONDITIONS OF ACCESS AND USE

PART A – What are these terms and conditions about?

1. Accessing the Website.

1.1 These terms and conditions set out the provisions that apply to any person wishing to access and use this Website and become a Member of Sale-Ezy. They form a legally binding and enforceable agreement between such user (‘You’) and Sale-Ezy.com Pty Ltd ACN 126 608 697 (‘Sale-Ezy’).

1.2 By registering to become an observer, a seller, a buyer, or agent you become a member (‘Member’) of Sale-Ezy and agree to be bound by these Terms and Conditions of Use and Access, operating rules and Privacy Policy as amended from time to time. By continuing to access the Website you are agreeing to these Terms and Conditions of Use and Access as amended from time to time.

 

2. Sale-Ezy’s Service.

2.1 The Website. Sale-Ezy provides an online platform via this website (the ‘Website’) for Sellers to list:

    a. land or any part thereof, including fixtures, as well as any chattels or personal property nominated by the Seller (‘Real Estate’); and

    b. a business or businesses (‘Businesses’)

for sale and for Buyers to bid to purchase the Real Estate and Businesses.

2.2 Sale-Ezy’s role in any Transaction. Whilst Sale-Ezy provides the platform for the Seller and Buyer entering into a legally binding and enforceable contract for the sale & purchase of Real Estate or Businesses via this Website, Sale-Ezy:

    a. is not an auctioneer, real estate agent, stock and station agent or business agent and does not purport to be;

    b. is not a party to the offer or sale of land and real property;

    c. does not own the Real Estate or Businesses listed for sale on the Website; and

    d. its role is limited to providing the platform for the sale of the Real Estate & Businesses listed on the Website.

Accordingly, Sale-Ezy does not warrant and is not responsible to a registered user:

    e. in the event a seller or buyer of Real Estate or a Business listed for sale on the Website fails to complete a transaction as envisaged under these Terms and Conditions of Use and Access;

    f. for the completion of the sale of any Real Estate or Business listed on the Website;

    g. the state and condition of any Real Estate and the profitability of any Business listed on the Website; and

    h. for verifying the material, content and information on the Website.

 

PART B – Use of content and information on the Website

3. Intellectual Property. Copyright in the works comprising this Website and its content is owned by Sale-Ezy and/or third parties. Sale-Ezy reserves all other intellectual property rights. The content and information provided on the Website is provided for personal use only and may not be:

3.1 Re-sold and/or re-distributed in any material form;

3.2 Stored in any storage media; and/or

3.3 Re-transmitted in any media,

without the prior written consent of Sale-Ezy.

 

4. Prohibited Use. Except for the limited use set out in paragraph 3 you may not use the Website, or its content for:

4.1 The reproduction, distribution or retransmission of the content in any form;

4.2 Uploading and or/reposting the content to any other website “framing” the content on the Website with other content on any other website.

 

5. Permitted Use. You may download and/or print content from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices.

 

6. Copy and Modifying. You may not copy or modify:

6.1 The look and feel of the Website; and

6.2 Any computer software design and/or code contained in the Website, or replicate any of the functionality without explicit, written permission from Sale-Ezy.

 

7. Third Party Sites. The Website contains links or refers to websites owned and operated by third parties (each a “Third Party Site”) as a convenience to you. The existence of those links or references does not imply any endorsement by Sale-Ezy of the Third Party Site. Sale-Ezy has no control or influence in respect of content and information contained on Third Party Sites.

 

8. No Warranty or Reliance. Sale-Ezy provides information, and makes the Website available for others to provide information, for general information purposes only without assuming a duty of care to users. Sale-Ezy is not in the business of providing professional advice and gives no warranty, guarantee or representation about the quality, accuracy, reliability, merchantability, fitness for any particular purpose or timeliness or otherwise, of the information contained on the Website and/or Third Party Sites. You must not rely on any statement contained in the Website or Third Party Site and Sale-Ezy encourages its Members to take specialist advice and make their own enquiries prior to participating in any auctions via the Website. While Sale-Ezy endeavours to ensure the accuracy and completeness of the information contained in the Website, it accepts no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it.

 

9. Verification of Identity. Sale-Ezy uses a recognised third party supplier to undertake verification of identity of its Members. While Sale-Ezy endeavours to ensure the accuracy of identification, Sale-Ezy accepts no responsibility for any loss or damage You may suffer as a result or your reliance on the third-party supplier’s verification of identity.

 

10. No Liability for Use. Sale-Ezy will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

10.1 Acting, or failing to act, on any information contained on or referred to on the Website and/or any Third Party Site; and

10.2 Using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or Third Party Site.

 

11. Viruses and Error. Sale-Ezy does not warrant, guarantee or make any representation that:

11.1 The Website or any Third Party Site, or the servers that make them available are free of software viruses;

11.2 The functions effected by the software contained on the Website or Third Party Sites will operate uninterrupted or are error-free; or

11.3 Error and defects in the Website or any Third Party Site or the software contained in them will be corrected in a timely manner or at all.

However, Sale-Ezy has gone to all reasonable lengths (in some cases beyond) to protect against and prevent such issues.

 

12. No Liability for Defects. Sale-Ezy is not liable to you for:

12.1 Errors or omissions in the Website or any Third Party Site;

12.2 Delays to, interruptions of or cessation of the services provided in the Website, or any Third Party Site including servers; and

12.3 Defamatory, offensive or illegal conduct of any user of the Website or any Third Party Site,

Whether caused through negligence of Sale-Ezy, its employees or independent contractors, or through any other cause.

 

13. Repairs. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as of consequence of you accessing the Website.

 

14. Limitation of Liability. The disclaimers and exclusions in these terms and conditions may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law, Sale-Ezy’s liability for any implied warranty or condition is limited at the choice of Sale-Ezy , to one or more of the following:

14.1 If the breach of an implied warranty or condition relates to services:

    a. The supply of the services again; or

    b. The payment of the cost of having the services supplied again.

14.2 If the breach of an implied warranty or condition relates to goods:

    a. The replacement of the goods or the supply of equivalent goods;

    b. The repair of such goods;

    c. The payment of the cost or replacing the goods or acquiring equivalent goods, or having the goods repaired.

 

PART C – Terms and conditions relating to the provision of information about your product or service for uploading on to the Website.

15. Membership.

15.1 If you are applying to become a Member as an individual, you expressly represent and warrant that you have the capacity under the applicable laws of the state or territory:

    a. in which you are a resident; and

    b. in which the Real Estate or Business is located

to enter into a legally binding contract.

15.2 If you are applying to become a Member as an entity, you expressly represent and warrant that you have been duly authorized by your company, trust, partnership, or other legal entity to enter into agreements on behalf of that entity.

15.3 If you are accessing and using the Website as a an agent you represent and warrant that:

    a. you are the holder of a real estate agent, stock and station agent or business agent licence in the state or territory in which the Real Estate or Business is located or are otherwise employed by a licenced real estate agent, stock and station agent or business agent and hold a certificate of registration in that state or territory (if required) to act under the authority of that real estate agent; and

    b. your real estate licence, stock and station agent or business agent licence permits you to lawfully act on behalf of a principal as an agent in respect to the sale or purchase of the Real Estate or Business that you have been commissioned to act on and that you have the authority as required by the laws and regulations of the state or territory in which the Real Estate or Business is located to so act on the principal’s behalf.

15.4 Each Member expressly agrees to:

    a. provide complete and accurate information about the Member or their principal as the case may be as required and requested by Sale-Ezy;

    b. maintain and update the requested information as required to keep it current, complete and accurate; and

    c. undertake a verification of identity check (‘VOI’) as and when directed by Sale-Ezy.

    d. agree to the terms and conditions of sale for the Real Estate or Business, including these terms & conditions, any conditions contained in the contract for sale & purchase as well as any auction conditions that apply to the sale.

 

16. Warranties of Members. You represent and warrant in relation to any content and/or information you provide to the Website that:

16.1 You are authorised to provide the content and /or information;

16.2 The content and/or information is not defamatory or a malicious falsehood in relation to any product, service, person, corporation, governmental agency or other legal entity (‘person’);

16.3 The content and/or information is not a “passing off” of any product or service and does not constitute unfair competition;

16.4 The content and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright of any other person; and

16.5 The content and/or information does not infringe any legislation or regulation of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1987 (NSW) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Website or any law in any country where the content and/or information is or will be available electronically to users of this Website.

 

17. False Information. If any information provided by a Member is incomplete or inaccurate, Sale-Ezy retains the right to terminate the Member's rights to use the site. Providing false or fraudulent Member information could subject a Member to criminal or civil liability as well as being a breach of these Terms and Conditions of Use and Access. A Member may change personal information on its existing membership account only to update the Member account.

 

18. Denial of Access. The site is a private venue and as such, Sale-Ezy may at its sole discretion deny access to its site, and for any reason or for no reason.

 

19. Username & Password. Once a party becomes a Member of the Site, the Member will select a username and a password. Members are entirely responsible for maintaining the confidentiality of their usernames and passwords. Furthermore, Members are entirely responsible for any and all activities which occur under a Member's username and password.

 

20. Unauthorised Access. Members agrees to immediately notify Sale-Ezy of any unauthorized use of Member's username or any other breach of security known to Member. Sale-Ezy may terminate the membership of any Member due to the misuse, improper use or unauthorized use of their username, password or this site. Sale-Ezy shall not be responsible and the Member shall hold harmless Sale-Ezy for any loss or damage arising from the misuse, improper use or unauthorized use of their username, password or this site

 

21. Licence. By uploading any content which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the ‘intellectual property’) on to the Website, you are granting Sale-Ezy a perpetual, non-exclusive and payment-free licence throughout the world to:

21.1 Reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by the intellectual property law in any jurisdiction in which the Website is available to users; and

21.2 Allow Sale-Ezy to sub-license others the same rights granted to Sale-Ezy in (a) above.

 

22. Power to Remove. In relation to any content and/or information included on the Website, Sale-Ezy may remove any content and/or information, including but not limited to links to other sites at any time without giving any explanation or justification for removing the content and/or information.

 

23. Costs. Sale-Ezy and its respective officers, employees and agents have no liability for any cost, losses or damages of any kind, which you may incur, arising whether directly or indirectly from or in connection with your uploading of content onto or other use of the Website, which costs are entirely to your account. This applies in relation to or in connection with any content and/or information supplied in respect of advertising on the Website; and as a consequence of removing any content and/or information from this Website.

 

24. Indemnity. You will at all times indemnify and keep indemnified Sale-Ezy and its respective officers, employees and agents (in this paragraph referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out or, in connection with or in respect of any breach of these terms and conditions by you; and publication of or distribution of the content and/or information supplied by you

 

PART D – Sales on the Website

25. Real Estate and Business Listings.

25.1 The Real Estate and Businesses listed on the Website will have a description, a hyperlink to a contract for sale & purchase and auction conditions (if required) and any other document as may be necessary or desirable.

25.2 The Seller or their Agent representative must:

    a. accurately describe the real estate or business in a listing provided for inclusion on the Website and shall be liable for any misstatements or omissions in such description;

    b. upload to the Website a contract for sale and purchase that complies with the laws, regulations and rules of the jurisdiction in which the Real Estate or Business is located, including a copy of any certificates or warranties required in a contract for the sale and purchase of Real Estate or a Business, and conditions for the sale of real estate and business by way of the auction; and

    c. pay in full to Sale-Ezy upon demand Sale-Ezy’s fees & charges as notified & described on the Website or as otherwise agreed to by Sale-Ezy.

The Seller and their Agent representative acknowledge that Sale-Ezy is under no obligation to list the real estate or business on the Website till such time as the obligations contained in subclauses 25.2(a) -25.2(c) have been complied with.

 

26. Who can Bid.

26.1 Buyers must be capable of forming legally binding relations under the law and regulations of the state or territory where the Real Estate or Business is located. The services provided by Sale-Ezy are not available to individuals under the age of 18 years old and any other individuals who are legally prohibited from or otherwise incapable of entering into binding contracts.

26.2 Buyers:

    a. must be registered:

          i. as a Member of Sale-Ezy prior to bidding on any Real Estate or Business listed for sale on the Website; and

          ii. as a bidder for each item of Real Estate or Business the Member proposes to bid for.

b. have their identity verified by:

          i. the listing agent for any Real Estate or Business the Buyer proposes to bid for or an employee of that real estate agent, stock & station agent or business agent; or

          ii. in the event the Real Estate or Business is offered for sale without a listing agent, the Bidder’s solicitor

and agree to produce one or more of the following identity documents as proof of identity:

          iii. for an Australian citizen or resident:

               A. an Australian passport or foreign passport; and

               B. an Australian drivers licence or card issued by the Commonwealth or any State or Territory showing a photograph of the holder and enabling the holder to evidence their age and/or their identity; or

               C. a full birth certificate or citizenship certificate or descent certificate and a Medicare or Centrelink;

               D. an Australian passport or foreign passport; or

               E. or by an authorised deposit taking institution.

         iv. For persons who are not Australian citizens or residents:

              A. A foreign passport; and

              B. Another form of government issued photographic identity document; and

              C. A change of name or marriage certificate if necessary.

    c. authorises Sale-Ezy to submit to the listing real estate agent any data stored or recorded by Sale-Ezy for the compilation of the Bidders Record, including but not limited to:

          i. the Buyer’s name and address;

         ii. the number allocated to the Buyer by Sale-Ezy for the purposes of the sale; and

         iii. a log of the bid/s made by the Buyer for the Real Estate.

    d. agree to the terms and conditions of sale for the Real Estate, including these terms & conditions, any conditions contained in the contract for sale & purchase as well as any auction conditions that apply to the sale.

    e. agree and consent to be bound by these conditions of use and access, the conditions contained in the contract for sale & purchase of the Real Estate or Business and by the terms and conditions of auction.

 

27. Who can Sell.

27.1 Sellers must:

    a. be the rightful owners of the Real Estate or Business or otherwise authorized by the owners of such Real Estate or Business, a court of law, or under a power of attorney to sell the Real Estate or Business they have listed on the Website and must upon request by Sale-Ezy or the listing real estate agent, produce evidence of ownership and/or authorization to sell on the Website; and

    b. have their identity verified by:

          i. the listing agent for any Real Estate or Business the Seller has entered into an agency agreement for the Real Estate or Business or an employee of that real estate agent, stock & station agent or business agent; or

          ii. in the event the Real Estate is offered for sale without a listing real estate agent, the Seller’s solicitor

and agree to produce one or more of the following identity documents as proof of identity:

          iii. for an Australian citizen or resident:

              A. an Australian passport or foreign passport; and

              B. an Australian drivers licence or card issued by the Commonwealth or any State or Territory showing a photograph of the holder and enabling the holder to evidence their age and/or their identity; or

              C. a full birth certificate or citizenship certificate or descent certificate and a Medicare or Centrelink;

              D. an Australian passport or foreign passport; or

              E. or by an authorised deposit taking institution.

         iv. For persons who are not Australian citizens or residents:

          A. A foreign passport; and

          B. Another form of government issued photographic identity document; and

          C. A change of name or marriage certificate if necessary.

    c. provide a contract for sale containing all relevant documents and certificates to offer the Real Estate or Business for sale by auction as required by the state or territory in which the Real Estate of Business is located.

    d. nominate an agent or otherwise upload & enter a description of the Real Estate or Business and provide all relevant details of the Real Estate or Business to Sale-Ezy

    e. provide pest and building inspection reports from an accredited / licensed building inspector and pest inspector as required by Sale-Ezy.

    f. Provide a valuation report or comparable sales report except where the Seller has nominated a real estate agent, stock & station agent or business agent as the listing agent in which case the Seller’s agent is to provide a comparable property report made available to the Seller to ascertain the market value of the Real Estate or Business.

    g. agree and consent to be bound by these conditions of use and access, the conditions contained in the contract for sale & purchase of the Real Estate, by the terms and conditions of auction and to pay upon demand any fees and charges of Sale-Ezy.

27.2 The Seller acknowledges and agrees that Sale-Ezy does not provide any representations with regard to the ability of the Bidder to pay the Seller the bid price for the real estate being sold.

27.3 Unless otherwise agreed to by Sale-Ezy in writing, the Seller agrees that Sale-Ezy will be the sole selling mechanism for each listed item of real estate for the term of the listing online and the item of Real Estate is not offered for Sale simultaneously by another method or as a Non Exclusive listing with any other medium.

27.4 Auctioneers acting on behalf of a Buyer or Seller must be qualified and accredited for the field of real estate or agency practise under the relevant State legislation they are conducting auctions under. They must display their licence number as Auctioneer.

 

28. Auctions on Sale-Ezy

28.1 Unless otherwise nominated by the Seller, all Real Estate and Businesses will first be listed for sale by the ‘Best Offer Auction’ system, the procedures of which are described below at clause 29.

28.2 In the event the ‘Best Offer Auction’ has closed, bids for the purchase of the Real Estate or Business may only be made from the commencement of the Final Call Auction, the procedures of which are described below at clause 30.

28.3 For all ‘Best Offer Auctions’ and ‘Final Call Auctions’:

    a. the auctioneer may refuse to accept any bid that, in the auctioneer’s opinion, is not in the best interest of the seller;

    b. the Seller must, prior to the commencement of any auction (whether a ‘Best Offer Auction’ or a ‘Final Call Auction’) on the Website, nominate and set:

         i. a reserve price and have this recorded by the Seller’s nominated agent. In the event the Seller has not commissioned an agent for the sale of the Real Estate or Business, then the Seller must record the reserve price with Sale-Ezy prior to the commencement of the auction.

         ii. a base price for the Real Estate or Business, which will be published and shown on the auction listing for the Real Estate or Business on the Website for the period of the auction. For properties listed in Queensland, or with a $0 value for the base price, the $0 value is not a price guide for the property or an indication of the value of or asking price for the property.

    c. the reserve price set by the Seller cannot be increased during the auction period but may be reduced to meet the market or an offer acceptable to the Seller. The reserve price will not be published on the Website.

    d. if there are no bids at or above the reserve price, then the Seller is not obligated to sell the Real Estate.

    e. No bids can be made during an auction for an amount that is less than the base price nominated by the Seller.

    f. The Buyer and Seller are obliged, at the fall of the hammer, pursuant to these terms of access and use, to proceed to contract at the price of the Buyer’s bid and on the terms and conditions contained in the contract for sale published on the Website. The online auction contract is the official and original contract for sale and must be signed and exchanged as is; it must not and cannot be altered in any way following the fall of the hammer at auction. Legal counsel regarding the contract for sale should be sought and obtained at the discretion of the Buyer prior to bidding on the Real Estate or Business listed on the Website.

    g. The Buyer and Seller must be in a legal and financial position to exchange contracts and proceed to completion of the transaction per the provisions of clause 30.

    h. In respect of the sale by auction of co-owned Real Estate or Business or the sale of such asset by a seller as executor or administrator who have intention to bid as a co-owner executor or administrator, they must register as a co- owner on Sale Ezy. This is not a seller bid but a genuine registered bidder with intent and means to purchase the property offered for sale by auction. This bid will display the notation “Co-owner “to show the bid is made by a co-owner, executor or administrator. All registered bidders are made aware and acknowledge that any property offered for sale by auction on Sale Ezy Property Auctions Online is open to bidding by a co-owner, executor, administrator or any person registered to bid on their behalf and such bidder must show the notation co-owner when their bid is recorded in the bid register.

 

29. Best Offers Auction Sales.

29.1 Best Offers Auctions for the sale of Real Estate and Businesses listed on the Website will be conducted as follows:

    a. The Best Offer auction will commence at a time and date set by the Vendor or Agent/Auctioneer and display the notation “make an offer now” on the Auction display page prior to the Final Call Auction. Upon the close of Final Call Auction if the property does not reach or exceed reserve price, the property is passed in and open to offers on Best Offer Auction until sold or withdrawn from sale. During this period, bids (offers) may be made by registered buyers and accepted by Agent/Auctioneers on behalf of and with the consent of Vendors. 

    b. Upon making a bid for the Real Estate or Business the Buyer’s bidder number and the time and date of the bid will be recorded and displayed for public view. The amount of any bid made during a Best Offer Auction will not be publicly displayed on the Website but will only be disclosed by Sale-Ezy to the Seller/s, their agent and the person nominated as the auctioneer for the auction.

    c. All bids made during a Best Offer Auction will remain open for acceptance by the Seller for a period of 24 hours from the time of the making of the bid unless the Buyer withdraws their bid by notice in writing sent by email to the nominated Agent/Auctioneer and carbon copied (cc'd) to Sale-Ezy prior to the Seller (or agent/auctioneer on their behalf) accepting the Buyer’s bid.

    d. In the event the Seller does not give notification that the bid has been accepted within 24 hours then the bid automatically lapses. The Seller may field and accept any offer from a bidder or a number of bidders during this period.

    e. Once the Seller accepts a Buyer's bid, the auctioneer or Seller will close the auction with the fall of the hammer and a contract of sale of the Real Estate or Business will be formed between the Seller and Buyer. The Seller and the Buyer are obligated to complete the sale and purchase of the Real Estate or Business pursuant to contract for sale & purchase as set out at clause 30 below.

    f. All ‘Best Offer Auctions’ on the Website will continue until the first to occur of the following events:

          i. The Seller, or the Auctioneer on behalf of the Seller, accepts an offer to purchase the Real Estate or Business;

         ii. 3 days prior to the time notified on the Website as the commencement of the ‘Final Call Auction’; and

         iii. A date nominated by the Seller.

        iv. The property is withdrawn from sale by the Agent/Auctioneer or the Seller if acting without an Agent/Auctioneer.

        

30. Final Call Auction.

30.1 Final Call Auction for the sale of Real Estate and Businesses listed on the Website will be conducted as follows:

    a. The auction will commence at a time and date notified on the Website, following which bids may be made by Buyers.

    b. Upon making a bid for the Real Estate or Business, the Buyer’s bidder number and the time and date of the bid will be recorded and displayed for public view as well as the amount of the bid made.

    c. Buyers may make a bid at any time prior to the nominated closing of the bidding and the bidding will be extended for a further period or periods of 1 minute and 30 seconds should any bids be received within 1 minute and 30 seconds before the nominated closing time (and as extended by this clause).

    d. An Auctioneer representative or Seller may place (1) one Vendor bid on behalf of a Vendor during the Auction period and prior to the property being shown as “on the market”. This bid will display the notation “Vendor” to show the bid is a Seller bid.

    e. The Seller will accept, and the Real Estate or Businesses will be deemed "sold" at, the highest bid at the close of bidding period set at the time pre-determined by the Seller or extended by active bidding competition unless:

         i. the highest bid is less than the Seller’s reserve price.

    f. In the event the circumstances in subclauses 30.1(e)(i) do not apply at the close of the auction, a contract of sale of the Real Estate or Business will be formed between the Seller and Buyer who has made the highest bid. The Seller and the Buyer will be obligated to complete the sale and purchase of the Real Estate or Business pursuant to contract for sale & purchase as set out at clause 31 below.

 

31. Contractual Obligations of Buyers & Sellers.

31.1 These Terms and Conditions of Use and Access, together with the contract for sale and purchase and auction conditions for a particular item of Real Estate or Business listed for sale on the Website, comprise a contract between a Seller and the winning Bidder.

31.2 By bidding on Real Estate or Business listed on the Website a Buyer agrees, and by listing Real Estate or Business on the Website a Seller agrees, to be bound by these Terms and Conditions of Use and Access and the contract for sale and purchase and auction conditions, so long as those conditions of sale are not in breach of these Terms and Conditions of Use and Access or unlawful. In the event of any direct conflict between these Terms and Conditions of Use and Access and any conditions of sale provided by a Seller, then these conditions will prevail.

31.3 A bid made by a Buyer is an offer to purchase the real estate from the Seller at the bid price that may only be withdrawn as set out above at subclauses 28.3(d) and 29.1(e) or in the event that there is a material change in the description of the Real Estate or Business being sold.

31.4 Unless otherwise indicated by the Seller on the listing, the real estate listed for sale on the Website is sold on an ‘as is’ and ‘where is' basis and a Buyer cannot make any claim or raise any requisition or objection in respect to the present condition of the real estate as at the close of the Auction/Best Offer Auction Sale or in respect of fair wear and tear since that date. It is the Buyer’s obligation to make inquiries and undertake due diligence research in respect to real estate prior to making a bid. Subject to seller's disclosures and warranties in their contract for sale.

31.5 The Seller and Buyer of any item of real estate must, in circumstances where a contract of sale has been formed pursuant to these Terms and Conditions Of Access and Use, complete the exchange of contracts sale and purchase of the real estate as follows:

    a. Sale-Ezy will issue a Sales Advice and Contract in respect to the real estate and thereby provide the Seller the Buyer, their legal representatives and agent representative with written notice that a contract of sale has been formed.

    b. The Seller must:

         i. Arrange for contract for sale and purchase to be completed by inserting the purchase price and the Buyer’s details including name, address, legal representative per the details on the sales advice issued by Sale-Ezy; and

          ii. Duly execute a completed contract for sale and purchase; and

         iii. Cause a complete contract for sale & purchase that contains the sale price and the purchaser’s details to be delivered (whether electronically or otherwise) to the Buyer or their nominated legal representative as soon as is practicable following the fall of the hammer but no later than 24 hours following this event; or

         iv. Contact the Buyer or Buyer’s legal representative who has received a contract for sale and purchase issued by Sale-Ezy and confirm in writing receipt by the Buyer or their legal representative of the contract for sale and purchase.

    c. Within (2) full business days following the close of auction by the fall of the hammer (the ‘Exchange Period’) the winning Buyer must:

               A. deliver (whether electronically or otherwise) to the Seller or the Seller’s nominated legal representative a duly signed contract for sale & purchase; and

               B. pay the agreed deposit to the nominated deposit holder.

    d. Upon receiving the contract for sale and purchase from the Purchaser or the Purchaser’s legal representative, the Seller is to cause the contract he/she/it has signed and the contract the Purchaser has signed to be dated the date of receipt of the Buyer’s contract for sale and purchase. Exchange of contracts must be executed by 5pm at close of business on the second day of the “Exchange Period”.

    e. Once the parties are in contact, the Seller and the Buyer must complete the transaction according to the provisions of the contract the parties have entered into.

31.6 By consenting to these Terms and Conditions of Access and Use, Members acknowledge and agree that should either the Buyer or Seller of Real Estate or a Business sold at auction via the Website fail to sign the contract for sale and purchase within the Exchange Period as required by this clause 31, the Buyer or Seller that fails to sign the contract for sale and purchase irrevocably authorises the nominated Auctioneer on the Sale-Ezy auction listing to sign the contract on behalf of the Buyer or Seller within the 24 hours following the expiration of the Exchange Period.

31.7 All Members are third party beneficiaries of these Terms and Conditions of Use and Access and Buyers and Sellers shall be entitled to enforce the provisions hereof and may pursue legal action against each other for non-performance of any provision hereof, including without limitation, non-performance of a purchase and sale after a completed bidding process. In addition, Sale-Ezy retains the right to assess fees or terminate a Member's rights to use the Site in the event a Member breaches these Terms and Conditions of Use and Access.

 

Part E. General

32. Agents may represent either a Seller or Buyer if so instructed and authorised under the relevant state legislation and can register and use the online platform for this purpose.

 

33. Sale-Ezy may change these Terms and Conditions of Use and Access from time to time with effective as and from the date of publishing the amended Terms and Conditions of Use and Access to the Site. Member's continued use of the Site constitutes an affirmative: (1) acknowledgment by Member of these Terms and Conditions of Use and Access and any modifications; and (2) agreement by Member to abide and be bound by these Terms and Conditions of Use and Access, including any modifications. Both the Seller and Buyer acknowledge that they shall be solely responsible for obtaining updated information concerning changes to these Terms and Conditions of Use and Access. It is further acknowledged by the Member that the Terms and Conditions of Use and Access in effect at the time that a contract of sale is deemed to be formed pursuant to these Terms and Conditions of Use and Access shall be the relevant Terms and Conditions of Use and Access should a dispute ensue.

 

34. The duties and responsibilities of Sale-Ezy are limited to those expressly set forth in these Terms and Condition of Access of Use.

 

35. Information given to Sale-Ezy by Members is subject to Sale-Ezy’s Privacy Policy, which is available here.

 

36. These Terms and Conditions of Access and Use are governed by the law of New South Wales.

 

37. All members irrevocably and unconditionally submit to the non-exclusive jurisdiction of the court of New South Wales.

 

Part F. Indemnity & Release

38. You release Sale-Ezy against all actions, claims, demands arising from or in connection with a failure by another Member to complete a sale.

 

39. You indemnify Sale-Ezy against all actions, claims, demands arising from or in connection with an act or omission on your part, including but not limited to a failure by you to comply with your obligations under these terms and conditions.

 

40. Indemnity. You will at all times indemnify and keep indemnified Sale-Ezy and its respective officers, employees and agents (in this paragraph referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out or, in connection with or in respect of any breach of these terms and conditions by you; and publication of or distribution of the content and/or information supplied by you

 

Part G. Acknowledgement

41. You acknowledge and understand that your obligations in relation to the purchase of property by auction through the Sale Ezy Platform are governed by these Term and Conditions of Use and the relevant legislation for conditions of sale by auction.

 

Sold by best offer

For price: $1,750,000

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Agency name: Professionals Real Estate Goulburn
Agent name: Allan McDonald
Agent landline: (02) 4822 1411
Agent mobile: 428482425
Agent email: allan@professionalsgoulburn.com.au
Auctioneer name: Allan McDonald
Auctioneer licence: 142096

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